MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH_SCSN AGREEMENT.PDF

SMITH CHASON COLLEGE

STUDENT ROTATION TRAINING AGREEMENT

This Student Rotation Training Agreement (“Agreement”) sets forth the terms of

the rotation of Students from Smith Chason College dba Smith Chason School of Nursing
("SMITH CHASON’), a California corporation whose principal office is located at 3580
Wilshire Blvd., 4'" Floor, Los Angeles, CA 90010 to Maricopa County, by and for its
Department of Public Health (“MCDPH’"), whose principal office is located at 4041 N.
Central Ave., Ste. 1400, Phoenix, AZ 85012 for educational training and experience.

1. Rotation Goals and Objectives

A.

The educational goals and objectives for any rotation will be provided by SMITH
CHASON to the applicable MCDPH preceptor prior to the start of the rotation. If
these goals and objectives are acceptable to MCDPH, the MCDPH preceptor will
sign a statement agreeing to meet the goals and objectives of the rotation and will
return the original copy to SMITH CHASON.

The Program Director of the applicable Training Program at SMITH CHASON
shall retain full control and responsibility for the overall education of the Students.

2. Responsibilities of SMITH CHASON for Rotations

A.

Use proper administrative procedures acceptable to MCDPH in planning for
observation and practical experience.

Provide for supervision and instruction as agreed upon by both parties.

Ensure that Students and faculty participating in the program at MCDPH adhere
to existing rules and regulations of MCDPH.

Ensure each Student participating in the program at MCDPH meets the same
health standards that are required of all employees at MCDPH. MCDPH may
request upon reasonable notice a physical examination and/or laboratory or other
diagnostic tests for any Student. The Student and SMITH CHASON shall have
the option to either agree to such physical examinations, labs and tests or to
withdraw the Student from MCDPH. MCDPH shall not be responsible for any cost
or charges incurred for such physical examinations, labs or tests.

Prohibit Students or SMITH CHASON staff members from releasing any material
relative to practical experiences that has not been approved for release for
publication or to third parties by MCDPH, or that is confidential by law.

Ensure that Student dress and grooming shall be appropriate for MCDPH and for
health care workers. Students will comply with the MCDPH dress code.

G. Notwithstanding any provision to the contrary, SMITH CHASON agrees that the
Faculty Members and Students enrolled at MCDPH shall not be employees or
agents of MCDPH or Maricopa County, and shall not be entitled to any defense
or indemnity under Maricopa County's Declaration of Trust for Maricopa County,
Arizona, Self-Insured Risk Trust Fund, stipends, benefits, conditions, terms or
tights of MCDPH employees including workers’ compensation, medical or
hospitalization insurance or benefits, pension, retirement or vacation pay, credit
or other benefits or rights of MCDPH employees. MCDPH employees employed
by SMITH CHASON as faculty members on their own time (non-MCDPH pay
status) will be subject to the same restrictions as stated herein.

H. Provide professional and either general liability insurance coverage or self-
insurance coverage to each individual rotating Student for the duration of the
assigned rotation, to include commercial general liability insurance of $2,000,000
each occurrence and $4,000,000 general aggregate, and professional liability
insurance of $1,000,000 per claim and a $3,000,000 aggregate. In the event any
insurance policies required herein are written on a claims made basis, coverage
shall extend for two years past the Agreement’s completion as evidenced by
annual Certificates of Insurance. SMITH CHASON will provide proof of such
coverage in the form of Certificates of Insurance to MCDPH.

|. Remove from MCDPH any Student or Faculty Member reasonably identified, for
any reason, as unacceptable by MCDPH.

J. Reimburse MCDPH for breakage or damage (together “Damage”) to equipment
or supplies, provided MCDPH provides evidence that such Damage was caused
by Students or Faculty Members.

K. Designate a person or persons to assist in the coordination of Student learning
experiences, including planning with MCDPH staff to assign Students to specific
learning experiences that are appropriate for the program(s).

L. Provide a 30-day advance notice for Students assigned to a rotation.
3. Responsibilities of MCDPH for Rotations

A. Provide training experiences and make available the related facilities at MCDPH
for Students enrolled in any program.

B. MCDPH staff will teach and supervise Students while assigned to MCDPH
experiences. Any client services provided by Students shall be under the direct
and exclusive supervision of qualified staff employed by MCDPH.

C. Designate a person or persons or MCDPH unit to assist in the coordination of the
Students’ learning experiences, including planning with MCDPH staff for the

assignment of Students to specific learning experiences which are appropriate for
the Student’s program.

Keep SMITH CHASON informed of changes in policy which affect faculty and
Students.

4. Mutual Responsibilities of MCDPH and SMITH CHASON

A.

The personnel of MCDPH and the faculty of SMITH CHASON assigned to the
program will confer at such times as may be mutually agreed upon to evaluate the
educational program.

The personnel of MCDPH and the faculty of SMITH CHASON assigned to the
program shall cooperate in providing a sound educational environment.

Students are assigned for practical training experiences in the appropriate
MCDPH unit. Both parties shall mutually agree upon the number of Students and
the appropriate MCDPH unit for training.

Upon request, each party will complete program evaluation forms for Students,
faculty, or learning experiences.

5. Term and Termination

A.

The term of this Agreement shall be from September 1, 2022, through June 30,
2032. The Agreement may be renewed for additional terms by the mutual
consent of both parties.

This Agreement may be terminated by either party upon thirty (30) days prior
written notice to the other party; provided, however, Students participating at
MCDPH at the time of termination shall be given an opportunity to complete their
participation.

6. Miscellaneous

A.

SMITH CHASON and MCDPH shall not discriminate against any individual on the
basis of age, race, religion, creed, sex, national origin, handicap, disability, sexual
orientation or veteran status. To the extent applicable to this Agreement, both
parties agree to comply with all state and federal employment laws, rules,
regulations and executive orders, including Executive Order 2009-09.

Nothing contained herein shall be deemed or construed as creating a relationship
of principal and agent or of partnership or of joint venture between the Parties.
Students shall not be considered servants, agents, or employees of MCDPH.

This Agreement shall be construed and enforced in accordance with the laws of
the state of Arizona, and is subject to the provisions of A.R.S. § 38-511. Exclusive
venue and jurisdiction for any actions or proceedings related to or stemming from
this Agreement will be in the state or federal courts sitting in Phoenix, Arizona.

This Agreement shall be binding upon and shall inure to the benefit of both Parties
and their respective successors, heirs, assigns and legal representatives. Neither
this Agreement nor any rights hereunder may be assigned without the prior
written consent of the non-assigning Party.

Individuals executing this Agreement on behalf of the Parties represent and
warrant that they have been authorized to do so.

This Agreement contains the entire understanding of the Parties relating to the
subject matter of this Agreement. Any prior agreements, promises, negotiations
or representations between the Parties, either oral or written, relating to the
subject matter of this Agreement which are not expressly set forth herein are of
no force or effect. Any modifications or amendments must be agreed to by both
Parties in writing and shall become effective on the date stated therein.

During the term of this Agreement, the Parties shall take such actions, including
revising this Agreement, as necessary or advisable to comply fully with all laws,
rules and regulations applicable to the performance of this Agreement, including
without limitation the Health Insurance Portability and Accountability Act and the
Family Educational Records and Privacy Act.

To the fullest extent permitted by law, and to the extent that claims, damages,
losses or expenses are not covered and paid by insurance purchased by the
Party, each Party shall defend, indemnify and hold harmless the other Party (as
Owner), its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses, and expenses (including, but not
limited to attorneys’ fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have
resulted from the negligent acts, errors, omissions, or mistakes relating to the
performance of this Agreement.

i. SMITH CHASON's duty to defend, indemnify, and hold harmless MCDPH,
its agents, representatives, officers, directors, officials, and employees
shall arise in connection with any claim, damage, loss, or expense that is
attributable to bodily injury, sickness, disease, death or injury to,
impairment of, or destruction of tangible property, including loss of use
resulting therefrom, caused by negligent acts, errors, omissions, or
mistakes in the performance of this Agreement, but only to the extent
caused by the negligent acts or omissions of SMITH CHASON, a
subcontractor, any one directly or indirectly employed by them, or anyone
for whose acts they may be liable.

ii. The amount and type of insurance coverage requirements set forth herein
will in no way be construed as limiting the scope of the indemnity in this
paragraph.

|. Compliance Requirements for A.R.S. § 41-4401, Government Procurement; E-
Verify Requirement:

i. SMITH CHASON warrants compliance with all federal immigration laws
and regulations relating to employees and warrants its compliance with
A.R.S. § 23-214, Subsection A (that subsection reads: “After December
31, 2007, every employer, after hiring an employee, shall verify the
employment eligibility of the employee through the E-Verify program and
shall keep a record of the verification for the duration of the employee’s
employment or at least three years, whichever is longer’).

ii. A breach of warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of this Agreement and
SMITH CHASON may be subject to penalties up to and including
termination of the contract.

iii. Failure to comply with a State audit process to randomly verify the
employment records of contractors and subcontractors shall be deemed a
material breach of this Agreement and SMITH CHASON may be subject to
penalties up to and including termination of the Agreement.

iv. The State of Arizona retains the legal right to inspect the papers of any
employee who works on this Agreement to ensure that the contractor or
subcontractor is complying with the warranty under Paragraph i.

Vv. For questions about E-Verify SMITH CHASON should visit the following
web site: http://www.uscis.gov/portal/site/uscis.

IN WITNESS WHEREOF, MCDPH and SMITH CHASON have executed this Agreement.

(signature page follows)

MARICOPA COUNTY
Acting for and on behalf of
the Department of Public Health

By:
Chairman,
Maricopa County Board of
Supervisors
Attest:
Clerk of the Board Date
Director, MCDPH Date
Approved as to Form Date

Deputy County Attorney

SMITH CHASON COLLEGE dba SMITH
CHASON SCHOOL OF NURSING

is 8/3/22

Kathryn Doeschot

Name:

Title: | Director of Nursing — Practical
Nursing Program